Dick Broadcasting Company, Inc. of Tennessee v. Oak Ridge FM, Inc.

WILLIAM C. KOCH, JR., J.,

concurring.

I concur with the Court’s decision to apply the implied duty of good faith and fair dealing to the three contracts involved in this case. I also concur with the Court’s decision that neither party is entitled to a summary judgment because the current record reflects genuine disputes regarding the facts material to their claims and defenses. However, because there is no consensus regarding the scope of the implied *673duty of good faith and fair dealing in the context of arm’s length commercial transactions, I write separately to address this important point.

The…